Zusammenfassung der Ressource
Duty of care
- This was first established in
- DONOGHUE V STEVENSON
- Lord Atkin stated that we should have a
duty of care if we can reasonably forsee our
actions affecting those closest, and directly
affected by our actions
- This is called the NEIGHBOUR PRINCIPLE
- The neighbour principle went on to be developed into a 3 part test in
- CAPARO V DICKMAN
- THE THREE PART TEST IS
- 1. Were the consequences of the
defendants actions reasonably
foreseeable?
- LANGLEY V DRAY
- Where it was reasonably
forseeable that there would be
a crash if Langley sped up in
pursuit of a criminal
- 3. Is it fair, just and reasonable
to impose a duty of care?
- HILL V CHIEF CONSTABLE OF WEST YORKSHIRE
- This case was not taken to court as a
matter of policy because doing so
would open the floodgates to too many
claims.
- POLICY DECISIONS: where
courts are reluctant to impose
a duty of care on certain
public bodies because it would
open the floodgates to
thousands of similar cases
which would waste time and
public funds
- 2. Was there sufficient proximity between
the claimant and the defendant in terms of
time, space, and relationship?
- BOURHILL V YOUNG
- Where there was not sufficient proximity
between a pregnant fishwife and a car
accident she claimed cause her to have a
miscarraige